High Court of Justiciary meaning

See Practice Note: The investigation and prosecution of criminal offences in Scotland for information on criminal procedure in Scotland. This flowchart sets out the steps taken when a petition to the nobile officium of the High Court of Justiciary in Scotland is presented in relation to Scottish criminal proceedings. It should also be considered alongside Practice Note: Scottish criminal appeals—summary procedure...

This flowchart outlines the actions needed to achieve valid service of the claim form outside the jurisdiction in practice. It should be read in conjunction with Practice Note: Cross-border service—a guide for dispute resolution practitioners, which details each relevant stage and also provides links to guidance for each stage...

The Scottish Ministers v Johnston [2024] EAT 121 Johanna Johnston KC remained within one, continuing contract of employment when appointed as a temporary judge of the High Court of Justiciary, whilst simultaneously serving as a sheriff, the tribunal concluded. It accepted that, when presiding as a temporary judge, Johnston worked at a different location and undertook judicial functions in another jurisdiction; however, other significant elements stayed the same. In particular, there was no alteration to Johnston’s remuneration, nor to the identities of the parties to the employment relationship, according to the decision as recorded in the judgment of the tribunal...

This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions. Electronic signatures and document transmission Under CP(S)A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the requirements set out in those provisions. Virtual attendance at hearings The court may...

This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland. High Court The most serious corporate cases are prosecuted in the High Court of Justiciary (High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds exclusive jurisdiction to try the gravest crimes, such as treason, murder and rape. In practice, the High Court deals with other serious crimes including very serious...